When a company decides to terminate the employment relationship with a worker, if it is for reasons beyond his control, he has the right to receive compensation. The amount to be received depends on the type of dismissal and the causes that have originated it, but also on other factors such as the employee's salary or seniority in the company. In this article we explain how to calculate the compensation that corresponds to you if you have been fired and everything you need to know in these cases.
The compensation for dismissal depends fundamentally on three factors:
In Spain there are different types of dismissal depending on the reason for which it leads the company to terminate the contract unilaterally. Likewise, depending on the type of dismissal that we find, we will have the right to collect compensation or another. In addition, if the contract began before the 2012 labor reform, this will also affect the amount of compensation. Let's see it below:
When a worker receives a letter for objective dismissal, the company is obliged to pay compensation of 20 days per year worked at the same time. The maximum to be charged is 12 monthly payments, therefore, this means that the amount of compensation may not exceed the monthly salary multiplied by 12.
If the dismissal is unfair and the contract began after February 12, 2012, the company must compensate the employee for 33 days per year worked, with a limit of 24 monthly payments. In other words, the compensatory compensation cannot exceed the monthly salary for 24 months.
When the contract is prior to February 12, 2012 and we are facing a case of unfair dismissal, the compensation calculation must be calculated in two different ways. First you have to count the days of seniority prior to the date 02/12/12 and compensation will be 45 days per year worked with a maximum limit of 42 monthly payments. This difference according to the dates is due to the labor reform of 2012
Secondly, what corresponds to the days worked after the date mentioned is computed and in this case the compensation will be 33 days per year worked with a maximum of 42 monthly payments. Finally, the two sections must be added to obtain the total amount of compensation for dismissal.
